AGO 1990-033.

CourtConnecticut
Connecticut Attorney General Opinions 1990. AGO 1990-033. 1990Opinion No. 1990-033Honorable John F. HealyChairman, Department of Liquor ControlState Office Building165 Capitol AvenueHartford, CT 06106 Dear Chairman Healy: This is in response to your recent request for an opinion of the Attorney General concerning fee charges for the registration of brands of alcoholic liquors under the Liquor Control Act, Conn. Gen. Stat. e§30-63(a). Three questions are presented: (1) What is the proper fee to be charged Connecticut liquor wholesalers who register brands of liquor; the one hundred dollar fee rate applicable to out-of-state shippers or the three dollar rate for Connecticut manufacturers? (2) If Connecticut wholesalers have been undercharged in the past, can the Department seek repayment? (3) Is the statutory difference in fee rates between out-of-state and in-state registrants constitutional in light of recent decisions of the Supreme Court of the United States? For the following reasons, we conclude that wholesalers should be charged the one hundred dollar rate applicable to out-of-state shippers, and that the Department can seek repayment for any brands undercharged in the past. We must, however, decline to advise you on the constitutionality of the law. Our reasons for reaching these conclusions are as follows:The Statutory SchemeBrand registration is a pre-requisite for the sale or distribution of alcoholic liquor in Connecticut. Conn. Gen. Stat. e§30-63(a); Reg. Conn. Agencies, Liq. Cont., Sec. 30-6-A35; State ex rel. Am. Distilling Co. v. Patterson, 133 Conn. 345, 347, 51 A.2d 141 (1947); 23 Conn. Op. Atty. Gen. 357 (1944). This requirement has been part of the Liquor Control Act since 1937.1 Under current rules, a registration is required of "any manufacturer, wholesaler or out-of-state shipper." Registration is valid for three years, and it is renewable at the end of that period. The statute setting forth these rules provides as follows: No holder of any manufacturer, wholesaler or out-of-state shipper's permit shall ship, transport or deliver within this state, or sell or offer for sale, any alcoholic liquors unless the name of the brand, trade name or other distinctive characteristic by which such alcoholic liquors are bought and sold, the name and address of the manufacturer thereof and the name and address of each wholesaler permittee who is authorized by the manufacturer or his authorized representative to sell such alcoholic liquors are registered with the department of liquor control and until such brand, trade name or other distinctive characteristic has been approved by the department. Such registration shall be valid for a period of three years. The...

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